Holiday gifts: Airmen must follow Uncle Sam's rules

  • Published
  • By The 4th Fighter Wing Legal office
  • 4th Fighter Wing Legal office
SEYMOUR JOHNSON AIR FORCE BASE, N.C. --  "Can I accept this gift?"

It almost seems wrong and un-American not to be able to accept a gift, but with the holiday's just around the corner, military members and Defense Department employees must be aware of the gift-giving and receiving rules mandated by the government. 

Considerations include the nature of the gift, the surrounding circumstances, the gift's giver, and the gift's recipient. 

So what is considered a gift? 

It is any item having monetary value including cash, meals, trips, concert tickets, lodging, entertainment and services. 

Modest items of food and refreshments are usually not considered gifts, such as a cup of coffee, donuts, and items of little intrinsic value such as greeting cards, plaques and certificates intended solely for presentation. 

Generally, military employees may not accept a gift that is given due to an official position or that is given by a prohibited source. A prohibited source is any person or entity seeking official action by the Air Force, does business with the Air Force or conducts activities regulated by the Air Force. 

Examples of prohibited sources are contractors, local business owners and distributors doing business or seeking to do business with Seymour Johnson Air Force Base. 

Exceptions to this general rule include unsolicited gifts worth less than $20 (but no more than $50 in a year from one source) gifts based on personal relationships and gifts from outside business activities (i.e. gifts given not because of the recipient's official position).
Is the office Secret Santa okay under the ethics rules? 

Generally, military employees may not give a gift to, or contribute to a gift for an official superior. Also, it is prohibited to solicit a contribution from another employee for an official superior. 

Finally, military employees may not accept a gift from an employee who is paid less. Official superior is defined as an immediate supervisor, anyone who has responsibility for the employee's official performance evaluation, or anyone above an employee in the chain of command. 

Of course there are exceptions. 

If the non-cash item is worth $10 or less, then it's authorized if given during traditional gift-giving occasions. If the gift is given because of a clear personal relationship, such as between family or among friends, than the gift is authorized. The Secret Santa gift is authorized under the regulations if it costs $10 or less. 

For more information regarding gift giving and receiving under DOD 5500.7-R, military employees can contact the 4th Fighter Wing Legal Office at 919-722-5322.